Last update - 00:00 25/01/2007
Defense attorneys: Katsav not planning to ask for plea bargain
By Yuval Yoaz, Haaretz Correspondent
President Moshe Katsav is not planning to ask Attorney General Menachem Mazuz to agree to a plea bargain in exchange for the dropping of the charges against him, defense attorneys Prof. David Libai and Zion Amir said Wednesday.
The president made a passing reference to this during a press conference on Wednesday, when he said he said he would fight the accusations with "every last breath."
According to Libai, as of now "the hearing has one purpose alone - to convince the attorney general to drop the charges."
Katsav's attorneys have still not received investigation materials or the indictment draft from the prosecution, and have thus still not been able to estimate how much time is needed to prepare for the hearing.
According to estimations, Mazuz is not planning to give the defense more than two or three months notice before the hearing. He is also expected to reach his decision within two weeks of the hearing.
The right to a hearing is provided to every suspect charged with a felony. The hearing is held before sources in the prosecution system who made the decision to serve the indictment. The hearing for a prime minister, minister or president is held before the attorney general himself.
The general prosecution decides if the hearing is conducted orally or in writer. When the suspect is an elected public official, the hearing is usually conducted orally, after the defense is given time to learn the investigation materials and prepare its argument.
Defense attorneys in criminal cases usually take advantage of the hearing as an opportunity to make contact with the prosecution with regard to a plea bargain. The prosecution usually adopts a policy of asking for a plea bargain in order to avoid going to trial. The evidence phase is long, and results are not guaranteed.
Katsav was informed of Mazuz's decision to charge him in a meeting with his lawyers, after the Justice Ministry gave Libai a three-page letter detailing the charges. No indictment was attached.
Libai has asked Mazuz to send him the investigation material so he can assess how much time he needs to prepare for the hearing. The material includes testimony by more than 100 witnesses.
The four women whom Katsav is accused of sexually assaulting include three past and present employees of the President's Residence, and one who worked for Katsav during his tenure as tourism minister, from 1998 to 1999. Mazuz also plans to charge the president with giving away items that belonged to the President's Residence, as well as with obstruction of justice and harassing a witness, for trying to pressure one of the President's Residence employees to retract her complaint.
Should Katsav be convicted of all the charges in the draft indictment, he is likely to spend many years in jail. Courts do not generally impose the maximum sentences permitted by law, and they often allow sentences for different crimes to be served simultaneously rather than consecutively. But given the severity of the charges - rape alone carries a maximum sentence of 16 years - it is extremely unlikely that any court would make do with community service or a suspended sentence.
Legal sources said Mazuz would not agree to a plea bargain under which Katsav would resign in exchange for the dropping of the charges against him.
More on the case against Katsav
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